What best describes the scope of executive privilege?

• A. It applies to presidential communications but can be overridden by other important interests such as evidence in criminal cases
• B. It is absolute and cannot be overridden
• C. It applies only to foreign diplomacy and not domestic matters
• D. It does not apply in criminal investigations

Answer: (A)

Executive privilege allows the President and certain executive branch officials to keep communications confidential to protect candid deliberations and the effective functioning of the presidency. It covers presidential communications and internal deliberations, but it is not absolute. Courts balance the need for confidentiality against other important interests, such as the need for evidence in a criminal investigation. When the government's interest in obtaining evidence outweighs the need for secrecy, the privilege can yield. So the best description is that it applies to presidential communications but can be overridden by other important interests, including evidence in criminal cases.